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(영문) 부산지방법원 동부지원 2018.08.21 2018고정322

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. B-related crimes;

A. On January 8, 2015, the Defendant: (a) entered B’s name and date of birth in the column of the subscriber to the application for LGU accession in Busan metropolitan traffic Daegu, which he operated, without permission from B; (b) forged B’s signature; and (c) submitted a document as if it was a document duly formed to an employee in the name of B, who knows such circumstance.

B. The Defendant, even if using the victim B’s mobile phone via the opening of the phone, did not have the intent or ability to pay the fee. As such, the Defendant: (a) by deceiving an agency employee, who was issued a six short term terminal machine from the seat, and (b) used the total amount of KRW 2,536,250 from around that time to July 2016 for the short term and the fee used; and (c) obtained pecuniary benefits equivalent to the same amount by failing to pay the fee.

2. Around September 22, 2015, the Defendant committed a crime related to F, around September 2, 2015, he/she opened a mobile phone with the F (59 years old, female) residing nearby “D” and opened a resident registration certificate, thereby forging a mobile phone new contract with the fact that he/she applied for more opening of one cell phone of another mobile phone in F, thereby making it available to the radio operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Details of requests for charges, and the modification of the installments thereof;

1. Making entries in each application for admission to forged mobile phones and applying the existing Acts and subordinate statutes;

1. The forgery and uttering of each private document under the corresponding provisions of the Criminal Act concerning the facts constituting an offense: Articles 234 and 231 of the Criminal Act; Article 347 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;